Read The Times Australia

Daily Bulletin

Is the minimal state a reasonable response to the nanny state?

  • Written by: The Conversation
imageDavid Leyonhjelm is chairing the Senate inquiry into 'Personal Choice and Community Impacts'.AAP/Sam Mooy

The Senate inquiry titled “Personal Choice and Community Impacts” has begun. The intent is to examine government measures “introduced to restrict personal choice for the individual’s own good". Steering the ship is David Leyonhjelm, who suggests that the “nanny state” is an unacceptable violation of individual liberty.

Leyonhjelm recently said that your choices are:

… not the government’s business unless you are likely to harm another person. Harming yourself is your own business, but it’s not the government’s business.

The Liberal Democratic Party (LDP) suggests that having a right to choose:

… inevitably means some people will make … choices of which others strongly disapprove. That does not entitle them to seek to interfere in those choices.

These claims can be traced back to John Stuart Mill’s 1859 classic On Liberty. Mill argued that:

… the only purpose for which power can be rightfully exercised … is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant.

Despite its intuitive appeal, this is in fact a very radical position. We don’t know what will come out of the Senate inquiry, but we do have some idea about what the “ship of state” would look like based on these principles.

Drug policy

The LDP website argues for the legalisation of cannabis:

Crimes associated with the cultivation, sale and use of cannabis by adults are “victimless” as only those who have consented are involved.

The party position is not fully articulated for other substances, but the same arguments seem to apply to most illegal drugs. Some drugs can cause more harm to the individual than cannabis, but the harm principle rules out intervening in these cases.

Some drugs can cause harm to others, but alcohol is still the drug that creates the most carnage in this respect and would have to be banned under any consistent policy aimed at prohibiting drugs because they harm others. The LDP would be unlikely to go down that path.

So far so good – on drug policy I’m broadly on board with Leyonhjelm.

Sexual preferences

In the section of the website titled “lifestyle choices”, the LDP says that:

… private sexual activities and lifestyle choices voluntarily undertaken by adults are not matters for government intervention except to prevent coercion and protect children.

True to his ideals, Leyonhjelm introduced a bill into the Senate to legalise same-sex marriage.

There are other activities, not discussed on the party website, that some will find less appetising than same-sex marriage. At least some forms of incest seem compatible with libertarianism. Two related consenting adults are not harming anyone by choosing each other as partners (as long as they do not procreate). A person choosing to have several spouses also seems acceptable as long as the relationships are not harmful.

Logical consistency, something that Leyonhjelm advocates, means the libertarian position also allows bestiality. Leyonhjelm argues that the state should not interfere because an act is offensive or immoral. The justification for intervention is that the act is harmful to others.

One might claim that the animal is being harmed or not consenting, but I doubt that Leyonhjelm would go down this path given that he supports the use of animals for food production.

You might be a bit green around the gills at this point but still agree with libertarians that repulsion at such acts doesn’t mean we should make criminals of people who perform them.

Firearms

It’s definitely time to head for the lifeboats when it comes to the LDP’s gun policy. The party position is:

Sport, hunting and self-defence are all legitimate reasons for firearm ownership …Those who wish to carry a concealed firearm for self-defence are entitled … to do so unless they have a history or genuine prospect of coercion.

Leyonhjelm does not deny that guns can cause harm, but he doesn’t think we should curtail the freedom of the vast majority because of the actions of a few crazed individuals. He also suggests that an armed citizenry would prevent gun-related atrocities.

Leyonhjelm’s position is that it is acceptable, and preferable, for all Australians to be packing heat on the trip to the supermarket.

Deregulation and privatisation

The LDP opposes taxing people to pay for things like the NBN, ABC, SBS, Medibank Private, electricity generation, TAFE, universities, hospitals and schools. The state should also stop regulating liquor licences, workplace conditions, occupational licences, taxi services, retail trading hours, crash helmets for bikes and seatbelts for cars.

Road regulations should also be relaxed, but the LDP says:

… should be accompanied by a health system that does not impose on society the cost of recovery of irresponsible and dangerous drivers.

I take this to mean that the uninsured who harm themselves because they drive recklessly will receive only the most basic, if any, medical assistance.

Leyonhjelm’s economic vision is where I abandon ship. If freedom is about choice, as he suggests, the government has to have a redistributive role because resources have a big impact on choices. By ignoring this the libertarian position reveals itself for what it really is: a philosophy of freedom for the few.

Where to from here?

As we can see, an idea that seems intuitively appealing turns out to be quite radical. The great virtue of the harm principle is its clarity. As Mill says, it asserts:

… one very simple principle as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control.

For many people, including myself, this parsimony comes at too heavy a price.

It will be interesting to see whether an inquiry headed by a person of libertarian persuasion will offer something that is palatable to the Australian public regarding the appropriate limits to state intervention.

David van Mill does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond the academic appointment above.

Authors: The Conversation

Read more http://theconversation.com/is-the-minimal-state-a-reasonable-response-to-the-nanny-state-47475

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Vet and Hire the Right Property Expert in the Australian Market

Navigating the Australian real estate market has become a highly strategic exercise. Recent nation...

Moving From Australia to Wellington: The Practical Settling-In Checklist

Wellington has a lot going for it. It's compact, walkable and full of cafes, with a harbour that r...

How to Match Replacement Roof Tiles on an Older Home

Renovating or repairing an existing roof comes with quite a few headaches, and matching the old roof...

Sydney Academy Partnership Targets Talent Development for Travel and Hospitality

VFS Global Academy’s Australian expansion will focus on practical skills and career development thro...

How Strategic Corporate Gifting Boosts Client Retention and Team Morale

As the calendar pushes towards the end of the year, business leaders across Australia begin evalua...

The Importance of Reliable Plumbing Services During Home Renovations

A freshly renovated bathroom can make an ordinary Monday morning feel a little more inviting. The ne...

Backyard Living Options for Campbelltown Homes: What Works Best?

You know that feeling at the end of a long, busy week when all you want is a calm spot outdoors, whe...

Smart Wardrobe Storage Ideas for Small Sydney Apartments and Bedrooms

A well-designed wardrobe is one of the most useful things a home can have. It's meant to keep clothe...

Colorbond Fencing in Australia: Costs, Colours, Rules and What Actually Lasts

Drive through almost any Australian suburb built in the last thirty years and you are looking at the...